Author: Virginia Law Review

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Virginia Law Review 96:4 (June 2010)

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Virginia Law Review 96:2 (April 2010)

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Virginia Law Review – In Brief – 4/7/2010

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In Brief, the online companion to the Virginia Law Reviewrecently published an essay by David Horton concerning the upcoming Rent-a-Center v. Jackson case, scheduled for oral arguments before the Supreme Court in April 2010, which the author argues will have “profound implications” for the future of American dispute resolution.  The essay is entitled, “The Mandatory Core of Section 4 of the Federal Arbitration Act.”

Professor Horton writes: “The issue before the Court is not the merits of Antonio Jackson’s civil rights lawsuit against his former employer, nor even the validity of the mandatory arbitration contract that he was required to sign before he could begin work. Instead, the Court must decide whether Jackson—and the hundreds of millions of other employees, consumers, and franchisees who are subject to mandatory arbitration clauses—have a non-waivable right to challenge the fairness of such provisions in federal court. Because the Federal Arbitration Act (‘FAA’) allows courts to nullify one-sided arbitration clauses under the unconscionability doctrine, the judiciary has traditionally served as a bulwark against harsh dispute resolution terms. Yet the contract at issue in Rent-a-Center expressly gives the arbitrator, not courts, the sole authority to decide whether ‘any part of this Agreement is void.'”

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Virginia Law Review 96:1 (March 2010)

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Virginia Law Review 95:8 (December 2009)

VOLUME 95      NOVEMBER 2009     ISSUE 8

Virginia Law Review 95:8 (December 2009)

ARTICLES

Making Good on Good Intentions by Katharine T. Bartlett

The State of State Anti-takeover Law by Michal Barzuza

NOTES

Incarceration, Accommodation, and Strict Scrutiny by James Nelson

Internet Radio: The Case for a Technology Neutral Royalty Standard by Andrew Stockment

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Virginia Law Review 95:7 (November 2009)

VOLUME 95      NOVEMBER 2009     ISSUE 7

Virginia Law Review 95:7 (November 2009)

ARTICLES

Interrogation Stories by Anne M. Coughlin

Constitutional Enforcement by Proxy by John F. Preis

Counterinsurgency, The War on Terror, and The Laws of War by Ganesh Sitaraman

NOTES

The Free Exercise Rights of Religious Institutions: Church Property and the Constitutionality of Virginia Code § 57-9 by Fiona McCarthy

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Virginia Law Review 95:6 (October 2009)

VOLUME 95      OCTOBER 2009     ISSUE 6

Virginia Law Review 95:6 (October 2009)


ARTICLES

National Security Fact Deference

Robert M. Chesney

Intent to Contract

Gregory Klass

 ESSAY

Originality

Gideon Parchomovsky  & Alex Stein

NOTE

Separate, But Equal? Virginia’s “Independent” Cities and the Purported Virtues of Voluntary Interlocal Agreements

David K. Roberts

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Virginia Law Review 95:5 (September 2009)

VOLUME 95      SEPTEMBER 2009     ISSUE 5

Virginia Law Review 95:5 (September 2009)

ARTICLES

Standing for the Public: A Lost History

M. Elizabeth Magill

Full Faith and Credit in the Early Congress Stephen E. Sachs

NOTES

Is O Centro Really A Sign of Hope for RFRA Claimants?

Matt Nicholson

The Hapless Ecosystem: A Federalist Argument in Favor of an Ecosystem Approach to the Endangered Species Act Scott Schwartz
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Virginia Law Review 95:4 (June 2009): The SEC in a Time of Discontinuity

VOLUME 95      JUNE 2009     ISSUE 4

 

Virginia Law Review 95:4 (June 2009)

Symposium Issue: The SEC in a Time of Discontinuity

The SEC in a Time of Discontinuity: Introduction to Virginia Law Review Symposium

Joel Seligman

ARTICLES

The Race for the Bottom in Corporate Governance

Frank H. Easterbrook

Redesigning the SEC: Does the Treasury Have a Better Idea?

John C. Coffee, Jr. and Hillary A. Sale 

Top Cop or Regulatory Flop? The SEC at 75 Jill E. Fisch
Commentary On Redesigning The Sec: Does The Treasury Have A Better Idea? Steven M.H. Wallman
Securities Law and the New Deal Justices A.C. Pritchard and Robert B. Thompson

ESSAY

The Securities Laws and the Mechanics of Legal Change

Barry Cushman

ARTICLES

Coping in a Global Marketplace: Survival Strategies for a 75-Year-Old SEC

James D. Cox

Treatment Differences and Political Realities in the GAAP-IFRS Debate

William W. Bratton and Lawrence A. Cunningham 

The SEC, Retail Investors, and the Institutionalization of the Securities Markets Donald C. Langevoort

ESSAYS

Whither the SEC Now?

Brian G. Cartwright

A Requiem for the Retail Investor?

Alicia Davis Evans 

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Virginia Law Review 95:3 (May 2009)

VOLUME 95      MAY 2009     ISSUE 3

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Virginia Law Review 95:3 (May 2009)

ESSAY

The Common Law Prohibition on Party Testimony and the Development of Tort Liability

Kenneth S. Abraham

 ARTICLE

Managers, Shareholders, and the Corporate Double Tax

Michael Doran

 ESSAYS

Chevron Has Only One Step

Matthew C. Stephenson and Adrian Vermeule

Chevron’s Two Steps Kenneth A. Bamberger and Peter L. Strauss

NOTE

Deciding on Doctrine: Anti-miscegenation Statutes and the Development of Equal Protection Analysis

Rebecca Schoff